The National Health Service (Superannuation, Premature Retirement and Injury Benefits) (Scotland) Amendment Regulations 1992

• Citation: S.I. 1992/3046
• Sections: 21

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the National Health Service (Superannuation, Premature Retirement and Injury Benefits) (Scotland) Amendment Regulations 1992.

(2) These Regulations shall come into force on 1st January 1993 and shall have effect—

(a) for the purposes of regulations 6, 15, 16, 19(b)(ii) and (iii) and (c), and 21 as from 6th April 1988;

(b) for the purposes of regulation 19(a) as from 11th April 1988;

(c) for the purposes of regulation 12 as from 12th December 1988;

(d) for the purposes of regulation 11 as from 1st April 1990;

(e) for the purposes of regulation 8 as from 28th February 1991;

(f) for the purposes of regulations 3, 4, 5, 10, 13, 14 and 17 as from 1st April 1991; and

(g) for the remainder as from the date of coming into force of these Regulations.

Section 2 Interpretation

In these Regulations—

“the principal Regulations ” means the National Health Service (Superannuation) (Scotland) Regulations 1980 ;

“the compensation Regulations ” means the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981 ; and

“the injury benefits Regulations ” means the National Health Service (Scotland) (Injury Benefits) Regulations 1974 .

Section 3 Amendment of regulation 3 of the principal Regulations

In regulation 3 of the principal Regulations (definitions)—

(a) after the definition “the Act of 1978” there shall be inserted—

“the Act of 1990 ” means the National Health Service and Community Care Act 1990;

(b) in the definition of “employing authority”—

(i) after the words “a Health Board”, there shall be inserted the words “,a Special Health Board, a National Health Service Trust”; and

(ii) after the words “the Act of 1978” there shall be inserted the words “, the Act of 1990”;

(c) after the definition of “non-participating employment” there shall be inserted—

“non-recurring bonus” means a payment made in recognition of performance in a particular period which—

falls to be paid only once in respect of that period; and

is an addition to the salary of an officer where either—

the officer is entitled to the maximum salary which is payable in respect of his post; or

the officer has retired from his post before the day of payment;

(d) in the definition of “remuneration” after the words “but does not include” there shall be inserted the words “any non-recurring bonus,”.

Section 4 Amendment of regulation 4 of the principal Regulations

In regulation 4 of the principal Regulations (participation in superannuation scheme)—

(a) in paragraph (1), after the words “Subject to” there shall be inserted the words “paragraph (1A) and”;

(b) in paragraph (1)(f) for the words “satisfies the requirements of schedule 6” there shall be substituted the words “elects that these Regulations shall apply to him by giving written notice to the Secretary of State”;

(c) in paragraph (1) proviso (v) shall cease to have effect;

(d) in paragraph (1) after proviso (iv) there shall be inserted—

(v) for the purposes of sub-paragraph (f) where there is a reduction in hours from full-time to part-time without a break in service an election shall have effect from the first day of part-time employment;

(vi) an election under sub-paragraph (f) will continue to have effect as long as he remains an officer with the same employing authority without a continuous break of 12 months or more other than a period to which regulation 24(2) applies and has not made an election under regulation 4A.

(e) after paragraph (1) there shall be inserted—

(1A) An officer who has been a general dental practitioner and who has received a pension under regulation 10(1)(a)(iii) on account of the termination of an arrangement to provide general dental services pursuant to section 25 of the Act of 1978 shall not accrue further entitlement to benefit under the scheme.

Section 5 Amendment of regulation 4A of the principal Regulations

In regulation 4A of the principal Regulations (Voluntary membership) paragraph (3) shall cease to have effect.

Section 6 Amendment of regulation 8 of the principal Regulations

In regulation 8 of the principal Regulations (Mental Health Officers) in paragraph (1)(b) for the words “paragraph 5” there shall be substituted the words “paragraph 7”.

Section 7 Amendment of regulation 21 of the principal Regulations

In regulation 21 of the principal Regulations (power to compound certain small benefits)—

(a) in paragraph (1), for the words “the annual sum payable to any person other than a widow or dependent child is” there shall be substituted the words “the aggregate of the annual sum payable under these Regulations to any person other than a widow or dependent child and of any sums specified in paragraph (1A) of this regulation payable to that person amounts to”;

(b) in paragraph (1) for the words “£78” there shall be substituted the words “£260 or such higher amount as may be prescribed from time to time by Regulations made under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 and section 39(1) of the Pensions Act”;

(c) after paragraph (1) there shall be inserted—

(1A) The sums referred to in paragraph (1) are—

(a) the actuarial equivalent as an annual pension of any lump sum payable under these Regulations;

(b) the annual amount of benefits payable under any additional voluntary contributions scheme to which section 591(2)(h) or section 592(1)(b) of the Income and Corporation Taxes Act 1988 applies.

(d) in paragraph (3) for the words “£104” there shall be substituted the words “£260 or such higher amount as may be prescribed from time to time by Regulations made under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 and section 39(1) of the Pensions Act”.

Section 8 Amendment of regulation 39 of the principal Regulations

In regulation 39 of the principal Regulations (return of contributions) in paragraph (5)(a) the words “after 5th April 1975” shall be deleted.

Section 9 Amendment of regulation 60 of the principal Regulations

In regulation 60 of the principal Regulations (benefits not assignable)—

(a) in paragraph (1), for the words “paragraph (2)” there shall be substituted the words “paragraphs (1A), (1B) and (2)”; and

(b) after paragraph (1), there shall be inserted—

(1A) On the bankruptcy of a person entitled to such pension or other benefit, no part of such pension or other benefit shall pass to any trustees or other person acting on behalf of the creditors of a person so entitled, except as provided in paragraph (1B).

(1B) Nothing in paragraph (1A) shall affect the powers of the court under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or under section 310 of the Insolvency Act 1986 , as the case may be.

Section 10 Amendment of regulation 66 of the principal Regulations

In regulation 66 of the principal Regulations (application of regulations with modifications)—

(a) in paragraph (1), for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (4)”; and

(b) after paragraph (3) there shall be inserted—

(4) A practitioner who has been a general dental practitioner and who has received a pension under regulation 10(1)(a)(iii) on account of the termination of an arrangement to provide general dental services pursuant to section 25 of the Act of 1978 shall not accrue further entitlement to benefit under the scheme.

Section 11 Amendment of regulation 68 of the principal Regulations

In regulation 68(2) of the principal Regulations (meaning of “remuneration”), the words “or an associate general practitioner” in the second place in which they occur, shall be deleted.

Section 12 Amendment of Schedule 5 to the principal Regulations

In paragraph 7 of Schedule 5 to the principal Regulations (child’s allowance under regulation 17) for the words “regulation 17(2)( b )(ii)” there shall be substituted the words “regulation 17(2)( b )(iii)”.

Section 13 Schedule 6 of the principal Regulations

Schedule 6 of the principal Regulations shall cease to have effect.

Section 14 Amendment of regulation 2 of the compensation Regulations

In regulation 2 of the compensation Regulations (interpretation)—

(a) in the definition of “employing authority”, after the words “a Health Board,” there shall be inserted the words “a Special Health Board, a National Health Service trust,”; and

(b) in the definition of “officer”, in sub-paragraph (a), after the words “a practitioner as defined in regulation 3 (definitions) of those regulations” there shall be inserted the words “, except a dental practitioner who satisfies the conditions set out in regulation 10(4) of the superannuation regulations (officer’s pension and retiring allowance)”.

Section 15 Amendment of regulation 6 of the compensation Regulations

In regulation 6 of the compensation Regulations (compensation payable to widow or dependants) after the word “widow,”, in each place where it occurs there shall be inserted the word “widower,”.

Section 16 Amendment of regulation 7 of the compensation Regulations

In regulation 7 of the compensation Regulations (compensation where death gratuity becomes payable) after the word “widow” there shall be inserted the word “, widower”.

Section 17 Amendment of regulation 2 of the injury benefits Regulations

In regulation 2 of the injury benefits Regulations (interpretation) in the definition of “employing authority” there shall be inserted—

(a) after the words “a Health Board,” the words “a Special Health Board, a National Health Service trust,”; and

(b) after the words “the National Health Service (Scotland) Act 1972”, the words “, the National Health Service and Community Care Act 1990”.

Section 18 Amendment of regulation 4 of the injury benefits Regulations

In regulation 4(6)(b) of the injury benefits Regulations (scale of benefit)—

(a) in sub-paragraph (i)(B), after the words “said pension,” the word “and” shall be inserted;

(b) in sub-paragraph (i)(C), for the word “and” there shall be substituted “;”;

(c) in sub-paragraph (i), head (D) shall be deleted; and

(d) after sub-paragraph (iv), there shall be inserted—

(v) in the case of a person who is in the employment of an employing authority on or after the date of coming into force of these Regulations any retirement allowance payable in accordance with Part V of Schedule 7 to the Social Security Contributions and Benefits Act 1992 in respect of the injury or disease.

Section 19 Amendment of regulation 7 of the injury benefits Regulations

In regulation 7 of the injury benefits Regulations (widow’s or widower’s allowance)—

(a) there shall be substituted for paragraph (1)—

(7)

(1) Subject to paragraphs (2), (3) and (4) and to regulation 10, there shall be payable to the widow or widower of a person mentioned in regulation 6 an annual allowance of the amount, if any, which when added to the amount of any pension payable under the relevant pension scheme in respect of the deceased, to or for the benefit of the widow or widower, will provide an income of 45 per cent of the deceased’s average remuneration.

(b) in paragraph (2)—

(i) for the words “3 months” there shall be substituted the words “6 months”;

(ii) the word “his” in line 2 shall be deleted; and

(iii) for the words “his widow” there shall be substituted the words “the widow or widower of the deceased”; and

(c) in paragraph 4, at the beginning, there shall be inserted the words “Where the deceased died before 6th April 1988”.

Section 20 Amendment of regulation 11 of the injury benefits Regulations

In regulation 11(1) of the injury benefits Regulations (lump sum payment on death) for the words “one-quarter” there shall be substituted the words “one half”.

Section 21 Amendment of regulation 20 of the injury benefits Regulations

In regulation 20 of the injury benefits Regulations (determination of questions) after the word “widow” there shall be inserted the word “, widower”.